Senator Pia Cayetano questioned the legality of the Senate session held on Wednesday, June 3, attended by only 12 senators, insisting that this number is insufficient to constitute a quorum for an official session.
Cayetano Cites Constitutional Provisions
According to Cayetano, the 1987 Constitution clearly states that the Senate is composed of 24 members, and a majority of that total is required to conduct official business. “The Constitution says the Senate has 24 senators and that a majority of each House shall constitute a quorum to do business,” she said.
She also referenced the Senate Rules, which mandate that Senate officers must be elected by a majority vote of all members of the chamber. “So today, when 12 senators convened and purportedly held session, how can that be valid?” she asked.
Legal Precedent and Scholarly Opinion
Cayetano addressed the case of Avelino vs. Cuenco, which some cite as a basis for considering 12 senators as a majority. “They cite the case of Avelino vs. Cuenco where the Supreme Court considered 12 as the majority. But as any freshman law student knows, you can’t pull out the rationale of a case and use it to suit your needs. The specifics of the case are different,” she argued.
She further supported her position by quoting the late constitutionalist Joaquin Bernas, who wrote about quorum interpretation in the legislature. In a passage from Bernas's book shared by Cayetano, he stated: “This manner of approaching the subject can lead to the ridiculous should the majority of the legislative body be abroad and beyond the coercive power of the body.”
Cayetano emphasized that 12 senators cannot be considered a majority in a 24-member chamber. “12 is not 13. Even a Grade 1 student knows that,” she said.
Session Proceeds Despite Objections
Earlier, the arrival of Senator Francis 'Chiz' Escudero at the Senate plenary hall on Wednesday surprised many, days after some members of the majority bloc had missed the previous plenary session. Escudero, who had earlier joined the majority bloc, completed the count of 12 senators in attendance, allowing the Upper Chamber to proceed with its deliberations.
Subsequently, Senator Sherwin Gatchalian was elected Senate President Pro Tempore and declared acting Senate President.
